State Of U.P. Thru Secy. P.W.D. And 3 Ors. vs Nanhey Lal And Anr.
2024 Latest Caselaw 38353 ALL

Allahabad High Court

State Of U.P. Thru Secy. P.W.D. And 3 Ors. vs Nanhey Lal And Anr. on 21 November, 2024

Author: Jaspreet Singh

Bench: Jaspreet Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:76895-DB
 
Chief Justice's Court
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 454 of 2007
 

 
Appellant :- State Of U.P. Thru Secy. P.W.D. And 3 Ors.
 
Respondent :- Nanhey Lal And Anr.
 
Counsel for Appellant :- Sri Anand Kumar Singh, learned Additional Chief Standing Counsel for the State respondent.
 

 
Hon'ble Arun Bhansali,Chief Justice
 
Hon'ble Jaspreet Singh,J.
 

1. On 15.10.2024, on noticing that as the learned counsel appearing for the respondents now appears for the State, he may not be in a position to appear for the respondents in the present matter, card notices were ordered to be issued to the respondents.

2. The notices sent by the registered post to respondent nos.1 and 2 have been received back with the remark of Postal Department for respondent no.1 as 'insufficient address' and for respondent no.2 as 'addressee not found'. The addresses as indicated in the memo of appeal are same as indicated in the writ petition filed by the respondents. For lack of proper addresses and the fact that nobody is available to indicate the fresh addresses of the respondents, the service is treated as sufficient.

3.The application (C.M.A. No. 17055 of 2007) filed by the appellant-applicant seeking condonation of delay in filing the appeal, for the reasons indicated in the application supported by affidavit, is allowed. The delay in filing the appeal is condoned.

4.Learned counsel for the appellants submits that the learned Single Judge allowed the writ petition by following judgment in Ram Narayan Srivastava and Ors. vs. State of U.P. and Ors; Writ Petition no.3932 (SS) of 2024 decided on 13.09.2005, which judgment has been reversed by the Division Bench in State of U.P vs Ram Narayan Srivastava; Special Appeal no.57 of 2006 decided on 27.10.2017 and the writ petitions have been dismissed.

5.In view of the above fact situation, wherein the judgment based on which the impugned order was passed by the learned Single Judge itself has been reversed by the Division Bench, following the judgment in the case of State of U.P. vs Ram Narayan Srivastava the present appeal is also allowed and the order impugned 19.04.2006 is set aside. The writ petition filed by the respondents is dismissed.

Order Date :- 21.11.2024

Harshita/Asheesh

(Jaspreet Singh, J.) (Arun Bhansali, CJ.)